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HomeMy WebLinkAboutMINUTES - 08151989 - 1.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 15, 1989 by the following vote: AYES: Supervisors Powers , Fanden, Schroder, McPeak $ Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO- 89/548 SUBJECT: Approval of Final Map, Acquisition of Off-site Right- of-Way Agreement, and Drainage Improvement Agreement for Subdivision 7320. Accept Completion of On-Site Storm Drain Improvements for Subdivision 5882, Concord Area. The Public Works Director having reported that the Final Map for Subdivision 7320 is a Reversion to Acreage of the Final Map for Subdivision 5882 in accordance with the Subdivision Map Act and Title 9 (Subdivision) of the County Ordinance Code. The Public Works Director having further reported that the off-site drainage improvements required by the ordinance code for Subdivision 5882 still apply to Subdivision 7320 and involve construction of a storm drain line through three properties (Tosco Corporation, East Bay Municipal Utility District, and Contra Costa County Water District) . The developer, Conco Development Company, has been unable to obtain the easement rights and drainage release over the Tosco parcel and has executed an 'Acquisition of Off-Site Right-of-Way Agreement to assure acquisition of the easement and drainage release, and has waived Section 66462 . 5 of the Government Code which requires the County to obtain the easement rights within 120 days, thereby allowing the developer time to obtain the said easement and drainage release from Tosco Corporation after the map has been filed. The Public Works Director having further reported that the on-site improvements in Subdivision 5882 have been completed as provided in the Subdivision Agreement for Improvement Warranty with Conco Cement Company heretofore approved by this Board in conjunction with the filing of the Final Map for Subdivision 5882 . The following documents were presented for Board approval this date: I The Final Map for Subdivision 7320, property located in the Concord area, said map having been certified by the proper officials. II An Agreement for Acquisition of Off-Site Right-of-Way for Subdivision 7320, with Conco Cement Company, subdivider, whereby said subdivider agrees to pay all costs and expenses involved in acquiring off-site right-of-way for storm drain facilities. Said Document was accompanied by security to guarantee payment of off-site right-of-way acquisition expenses as follows:. A. Cash deposit (Auditor's Deposit Permit No. 142633 , dated July 1, 1988) in the amount of $37 , 000 made by Conco Development Company, a California Limited Partnership. RESOLUTION NO. 89/548 B. Additional security in the form of a corporate surety bond dated June 27, 1988, and issued by Reliance �- Insurance Company (Bond No. B 463021) with Conco Cement Company as principal,_ in the amount of $103 , 500. III A Drainage Improvement Agreement for Subdivision 7320, with Conco Development Company, developer, whereby said developer agrees to complete certain off-tract drainage improvements as required in said drainage improvement agreement within one year from the date of said agreement Said document was accompanied by security to guarantee the completion of off-tract drainage improvements as required by Title 9 of the County Ordinance Code as follows: A. Cash deposit (Auditor's Deposit Permit No. 142633 , dated July 1, 1988) in the amount of $2, 000 made by Conco Development Company, a California Limited Partnership. 3 B. Additional security in the form of corporate surety bond dated August 9, 1989 and issued by Reliance Insurance Company (Bond No. B 1594032) with Conco Development Company as principal, in the amount of $196, 000 for faithful performance and $99, 000 for labor and materials. NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. BE IT FURTHER RESOLVED that said Acquisition of Off-Site Right of Way, Agreement for Subdivision 7320 is also APPROVED and the Chair is ',authorized to execute said agreement. BE IT FURTHER RESOLVED that said Drainage Improvement Agreement for Subdivision 7320 is also APPROVED. BE IT FURTHER RESOLVED that the Acquisition of Off-Site Right-of-Way Agreement for Subdivision 5882 with Conco Cement Company, as approved by the Board on August 16, 1988, is TERMINATED, the cash deposit (Auditor's Deposit Permit No. 142633 , dated July 1, . 1988) and the acquisition security bond with Reliance Insurance- Company (Bond No. B 463021) are to be transferred to the new Acquisition of Off-Site Right-of-Way Agreement for Subdivision 7320. BE IT FURTHER RESOLVED that the Drainage Improvement Agreement for Subdivision 5882 with Conco Cement Company, as approved by the Board on August 16, 1988, is TERMINATED, the improvement security bond with Reliance Insurance Company is EXONERATED and the Public Works Director is AUTHORIZED to refund a portion of the cash deposit (Auditor's Deposit Permit No. 142633 , dated July 1, 1988) in the amount of $2,280, plus interest in accordance with Government Code Section 53079, if , appropriate, :to Conco Cement Company. The remaining portion of the cash deposit is to be transferred to the Drainage Improvement Agreement for Subdivision 7320. RESOLUTION NO. 89/548 BE IT FURTHER RESOLVED that the on-site storm drain improvements for Subdivision 5882 have been COMPLETED as of August 15, 1989 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT SURETY August 16, 1988 Reliance Insurance Company Bond No. B463020 BE IT FURTHER RESOLVED that there is no one year warranty period required for Subdivision 5882 on-site improvements, and the Public Works Director is AUTHORIZED to refund the $4 ,482 cash security for performance (Auditor' s Deposit Permit No. 142633, dated July 1, 1988) plus interest in accordance with Government Code Section` 53079, if appropriate, to Conco Cement Company pursuant to the requirements of the Ordinance Code. I hereby certify that this Is a true and correct copy of an action taken ano entered on the minutes of the Board of Supervisors on the dattee shown. ATTESTED: AUG 1 5 gal; PHIL BATCHELOR,Clerk of the Board of Supervisors and Co u ty Administrator .Do" Originator: Public Works (ES) cc: Director of Community Development Director of Building Inspection Public Works - Accounting Construction Road Engineering Conco Cement Company 5151 Port Chicago Highway Concord, CA 94520 Reliance Insurance Company %James Jenkins Insurance 1341 Galaxy Way Concord, CA 94520 BO: 15.t8 RESOLUTION NO.89/548